20110669 Ver 1_Approval Letter_20110812

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WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 12, 2011
Mr. John Cousins
104 Woods Hole Court
Mooresville, NC 28117
Subject Property: The Point Subdivision, 104 Woods Hole Ct
Lake Norman [030832,11-(75). WSIV, B, Ca]
DWQ Project # 2011-0669
Iredell County
Authorization of Catawba River Riparian Buffer Protection Rules Variance [15A NCAC 2B
.0243(9)(a)]
Dear Mr. Cousins:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 300 square feet (ft2 of Zone 1 of the protected buffers and 50 square feet (ft' ) of
Zone 2 of the protected buffers to install the drainage pipe at the subject property as described
within your variance request dated July 11, 2011 and received by the Division of Water Quality
(DWQ) on July 15, 2011, with additional information received by DWQ on August 9, 2011.
This letter shall act as your Variance authorization as described within 15A NCAC 2B
.0243(9)(a). In addition to this authorization, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but
not limited to) Erosion and Sediment Control regulations.
This authorization is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If
the property is sold, the new owner(s) must be given a copy of this variance authorization and is
thereby responsible for complying with all conditions. This authorization requires you to follow
any conditions listed below. This authorization shall expire five years from the date of this
authorization.
The Additional Conditions of the Certification are:
No additional Zone 1 impacts shall occur to Zone 1 of the protected riparian buffers
unless otherwise approved by the DWQ.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) L,
1650 Mail Service Center, RaleigL, North Carolina 27699-1650 NOOne
rthCarOhna
Phone: [phone]FAX: [phone]
Internet http://poaal.ncdenr.org/web/wq/ws .4 All , A???/
An Equal Opportunity 1 Affirmative Action Employer IIILL f? i/
Cousins
Page 2 of 4
August 12, 2011
2. Buffer Mitigation (On-site Restoration/Enhancement) - You are required to mitigate for
impacts to the protected riparian buffers. The required area of mitigation to compensate
for the 300 square feet of impacts to Zone 1 of the protected riparian buffers and 50
square feet of impacts to Zone 1 of the protected riparian buffers is 675 square feet as
required under this variance and 15A NCAC 2B . 0243. The DWQ has determined that
you would need to plant 5 trees within the retained portions of the protected buffers to
satisfy the mitigation requirement. You must ensure their survival for a period of at least
five (5) years. You are required to replace any of these trees that die within this five (5)
year period. You are required to provide proof in writing that the trees have been planted
within one year of the date of this letter. The proof of plantings shall be submitted to the
WeBSCaPe Unit. If this mitigation is not acceptable or practicable, then you may choose
to make a payment in to the Riparian Buffer Restoration Fund to compensate for 675
square feet of mitigation as allowed under 15A NCAC 02B . 0243. If you choose to
make this payment, please contact Amy Chapman at the WeBSCaPe Unit at 919-807-
6400 for additional information.
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control Manual.
The devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
5. Protective Fencing
Cousins
Page 3 of 4
August 12, 2011
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B . 0243.
6. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to
the WeBSCaPe Unit, North Carolina Division of Water Quality, 1650 flail Service
Center, Raleigh, NC, 27699-1650.
If you wish to contest any statement in this Minor Variance you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60)
days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the
Office of Administrative Hearings within five (5) business days following the faxed
transmission.
The mailing address for the Office of Administrative Hearings is;
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Fax: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This Variance Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Catawba River
Riparian Buffer Protection Rules [15A NCAC 2B.0243(9)(a)]. Please call Ms. Amy Chapman
Cousins
Page 4 of 4
August 12, 2011
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely, -
C? r?
Coleen H. Sullins
CHS/kah/asc
Enclosures: Buffer Restoration Guidelines
cc: Alan Johnson, DWQ Mooresville Regional Office
File Copy
Jason Birch, 5322 Rozzelles Ferry Road, Charlotte, NC 28214
File Name: 110669ThePointSD104WoodsHoleCt(Iredell)CBR Var